01-24-2012 MTrip AgreementTR'I'P
MTRiP Destination — Client Agreement
This describes an Agreement between the Mountain Travel Research Program, LLC (MTRiP) and
Town of Avon (Client or Town) and its member participating properties (Client- Properties), together
Subscribers.
The Client's execution date of this Agreement becomes the effective date and provides for the start
of service on January 1, 2012 resulting in the first monthly for data as of January 31, 2012 and will
continue on for 12 months (12 report cycles), ending with a report based on data as of the end of
December, 2012 and delivered in the month thereafter, unless otherwise modified or terminated in
accordance with the provisions of this Agreement.
MTRiP Services and Responsibilities: MTRiP will:
1. Produce and deliver those products, services, reports and related work product (together
Services) as are further described in "Attachment A — Included Products and Services ".
2. Provide systems and procedures to be used in the collection, aggregation and subsequent
reporting of the related Services and assist Client in their recruitment, training, startup and ongoing
support of participating Client - Properties and their designated representatives.
3. Distribute results to Clients, Client Representatives and Client- Property designated
representatives (collectively Subscribers) by way of a secure web portal to which authorized
representatives of Individual Subscribers will be provided secure access via individual subscriber
logons, the quantity and type of which are described in Attachment A.
Client Responsibilities: Client will:
1. Pay MTRiP a total of $17,850 as established in Attachment A, payable as follows:
o Initial payment of $5,000 plus 25% of the balance ($3,212.50) is due upon execution of
this Agreement or start of service, whichever is sooner. Total Initial Payment = $8,212,50.
o The balance will be paid in equal quarterly payments of $ 3,212.50 by the first day of
each calendar year quarter (4/1/12, 7/1/12 and 10/1 /12) through the conclusion of the
Agreement. Fees are exclusive of any /all applicable taxes, business licenses, or other
fees, that are or may be required.
o Any /all additional work requested by Client and not already included in this Agreement,
will be performed, subject to pre- existing commitments, and at standard rates, terms and
conditions. Note: written confirmation by way or two -way email, strongly advised at a
minimum, to avoid misunderstanding.
2. Assign a Designated Representative in the person of Chris Romer of the Vail Valley Partnership
(Client Representative) to serve as primary contact for contract administration and Client's
performance of the responsibilities described herein.
3. Maintain responsibility for the assignment of Individual Subscriptions to all Subscribers, all
consistent with and not to exceed the total number of Individual Subscriptions authorized.
Job #
Client (initial) Page 1 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@rntrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
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4. Recruit Client - Properties and assist in their training and startup, then oversee ongoing Client -
Property data submission (in accordance with MTRiP procedures).
5. Actively promote Client - Property participation and adherence to MTRiP's data submission
protocols toward the common objective of data set integrity and participation by other comparative
destinations, all mindful that MTRiP is a co- operative industry program, whose value increases with
broader participation.
Confidentiality and Distribution:
1. All data provided by Client- Properties will be treated as Confidential Information, not to be
published or distributed unless /until aggregated with other similar data and undistinguishable as a
result, where upon MTRiP may use /distribute the resulting data as it chooses and at its sole
discretion, including without limitation, multi - property competitive views, destination comparative
reports, and any other custom segment reports, provided only that resulting data is limited to MTRiP
Subscribers and not otherwise made public.
2. All MTRiP Subscribers acknowledge and agree that all information, reports and related data
posted within the MTRiP web portal and provided by MTRiP is CONFIDENTIAL INFORMATION, to
which access is restricted to Subscribers in good standing by way of confidential and proprietary log
in and who understand and agree that reproduction, distribution or sharing of this CONFIDENTIAL
INFORMATION is STRICTLY PROHIBITED and enforceable by law excepting only when specific
written agreement provides otherwise.
Terms and Conditions:
1. Billing Procedures:
A. Fees related to this Agreement are due and payable as described in the Client
Responsibilities section of this Agreement and become delinquent if not received within 30
days of invoice date. Delinquent payments are subject to interest charges at 1.5% per month
until received
B. Expenses will be those reasonable out -of- pocket costs incurred by MTRiP and /or its agents,
during the performance of this Agreement and are billed monthly as incurred. i) Travel costs
include meal reimbursement, lodging, air, rent car, and personal car use from MTRiP's
corporate offices or that of the designated contractor. ii) Other office costs, including phone,
air freight, and Internet and /or web conference fees are treated as part of MTRiP's standard
costs of business and will not be treated as expenses, excepting by prior written agreement.
iii) Travel Time will be charged at MTRiP's standard rates and treated as travel related
expenses, unless otherwise agreed upon.
2. Modification: This Agreement may not be modified or extended excepting by mutual agreement.
3. Termination: This Agreement may be terminated by either Client or MTRiP upon thirty (30) days
written notice to the other party.
4. Independent Contractor: MTRiP and the Client shall be considered independent contractors.
Neither MTRiP nor the Client is an employee, agent, joint venturer or partner of the other entity. Nothing
shall be interpreted as creating an employment relationship between or among MTRiP and the Client.
MTRiP shall have control of the manner and means by which its services are provided to the Client
subject to the terms and provisions of this Agreement.
Job #
Client (initial) Page 2 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 infoOrntrilmrg
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
5. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement
shall be in the appropriate court for the City and County of Denver, Colorado. To reduce the cost of
dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties
hereby waive any and all right either may have to request a jury trial in any civil action relating
primarily to the enforcement of this Agreement. The Parties agree that the rule that ambiguities in a
contract are to be construed against the drafting party shall not apply to the interpretation of this
Agreement. If there is any conflict between the language of this Agreement and any exhibit or
attachment, the language of this Agreement shall govern.
6. Dispute Resolution: Any disputes arising out of this Agreement shall be subject to arbitration. As a
pre- condition to the filing of any such arbitration, all claims, disputes, and other matters in question
between the parties to this Agreement arising out of or relating to this Agreement concerning a
breach thereof, shall first be submitted to non - binding mediation prior to initiation of any arbitration
unless the parties mutually agree otherwise. The cost of said mediation shall be split equally
between the parties. This Agreement to mediate shall be specifically enforceable under the
prevailing laws of the State of Colorado. The parties agree that any disputes concerning the terms
and conditions of this Agreement that cannot be resolved after consultation and discussion between
the parties or by mediation shall be submitted to binding arbitration through either the American
Arbitration Association or the Judicial Arbiter Group in accordance with commercial arbitration rules and
the Colorado Arbitration Act, with the tribunal being selected by the party filing the demand for
Arbitration.. Any such arbitration shall be conducted at Denver, Colorado. The parties shall select one
mutually agreeable arbitrator from the candidates available through the arbitration tribunal. The
arbitrator shall have the power to grant interim and injunctive relief, provided that any party may
apply to any court of competent jurisdiction to enjoin a breach of confidential information
obligation(s). Judgment upon the award rendered by the arbitrator may be entered into any court
having jurisdiction. In connection with any dispute, the prevailing party shall be awarded and shall
recover from the other non - prevailing party all costs and expenses, including reasonable attorney's
fees, as may be incurred.
7. General Provisions: This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective personal representatives, successors and assigns. This Agreement and
Attachments hereto embodies the entire understanding and agreement between the parties concerning
the subject matter hereof and supersedes any and all prior negotiations, understandings or agreements
concerning the subject matter hereof.
8. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit,
or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act,
Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
9. Affirmative Action: MTRiP will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. MTRiP will take affirmative action to ensure
applicants are employed, and employees are treated during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
Job #
Client (initial) Page 3 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info(a)mtrip.orcl
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
WTR111P
10. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town is subject to
Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this
Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment
obligations of the Town are expressly dependent and conditioned upon the continuing availability of
funds beyond the term of the Town's current fiscal period ending upon the next succeeding December
31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate
such funds, this Agreement shall be terminated.
11. Employment of or Contracts with Illegal Aliens: MTRiP shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement. MTRiP shall not contract with a subcontractor
that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens.
By entering into this Agreement, MTRiP certifies as of the date of this Agreement it does not knowingly
employ or contract with an illegal alien who will perform work under the public contract for services and
that the contractor will participate in the e- verify program or department program in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work under the
public contract for services. MTRiP is prohibited from using either the e- verify program or the
department program procedures to undertake pre - employment screening of job applicants while this
Agreement is being performed. If MTRiP obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, MTRiP shall be
required to notify the subcontractor and the Town within three (3) days that MTRiP has actual
knowledge that a subcontractor is employing or contracting with an illegal alien. MTRiP shall terminate
the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within
three (3) days of receiving the notice regarding MTRiP's actual knowledge. MTRiP shall not terminate
the subcontract if, during such three days, the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. MTRiP is required to
comply with any reasonable request made by the Department of Labor and Employment made in the
course of an investigation undertaken to determine compliance with this provision and applicable state
law. If MTRiP violates this provision, the Town may terminate this Agreement, and MTRiP may be
liable for actual and /or consequential damages incurred by the Town, notwithstanding any limitation on
such damages provided by such Agreement.
12. Ownership of Documents: The reports /services produced by MTRiP (per Attachment A) pursuant
to this Agreement shall become property of the Town of Avon upon delivery and shall not be made
subject to any copyright unless authorized by the Town. Other materials, methodology and proprietary
work used or provided by MTRiP to the Town not specifically created and delivered pursuant to the
Services outlined in this Agreement may be protected by a copyright held by MTRiP and MTRiP
reserves all rights granted to it by any copyright. The Town shall not reproduce, sell, or otherwise make
copies of any copyrighted material, subject to the following exceptions: (1) for exclusive use internally
by Town staff and /or employees; or (2) pursuant to a request under the Colorado Open Records Act, §
24 -72 -203, C.R.S., to the extent that such statute applies; or (3) pursuant to law, regulation, or court
order. MTRiP waives any right to prevent its name from being used in connection with the Services.
Town shall not provide, release or disclose Confidential Information as defined under Confidentiality
and Distribution above unless ordered to do so by a court with jurisdiction. Upon receiving any
request under the Open Records Act or the Open Meetings Law for access or disclosure of public
records or confidential information, Town shall furnish to MTRiP prompt written notice of such request
no later than two business days after the date of receiving the request along with a copy of the records
Job #
Client (initial) Page 4 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
NTRImP
or information request. Prior to allowing access to or disclosure of any Confidential Information
pursuant to a request under the Open Records Act or the Open Meetings Law, Town shall: (a) consult
with MTRiPS regarding whether an exemption from access or disclosure is available under the Open
Records Act or the Open Meetings Law, as applicable but any such consultation shall not be construed
to create an attorney - client or other relationship among Town or any of its attorneys, employees or
agents and any MTRiPS attorneys, employees or agents and (b) give MTRiPS a reasonable
opportunity, but not less than two (2) business days after receipt by the MTRiPS of the above -
referenced notice from Town of a request, to assert any claimed exception or exemption from access or
disclosure under the Open Records Act or the Open Meetings Law, as applicable, and cooperate with
the Providing Parties in their assertion of any such claimed exception or exemption.
13. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by
either Party. The Town's approval or acceptance of, or payment for, services shall not be construed to
operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term
of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town
Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of
the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other
right or to be a continuing waiver unless specifically stated.
14. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the
successors, heirs, legal representatives, and assigns.
15. Limitation of Damages: The Parties agree that MTRiP's remedies for any claims asserted against
the Town shall be limited to proven direct damages in an amount to exceed amounts due under the
Agreement and that Town shall not be liable for indirect, incidental, special or consequential damages,
including but not limited to lost profits
16. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including
any agent, sub - consultant or sub - contractor of MTRiP. Absolutely no third party beneficiaries are
intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental
and unintended beneficiary only.
17. Survival of Terms and Conditions: The Parties understand and agree that all terms and conditions
of the Agreement that require continued performance, compliance, or effect beyond the termination
date of the Agreement shall survive such termination date and shall be enforceable in the event of a
failure to perform or comply.
18. Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or benefits set
forth in this Agreement shall not be assigned by MTRiP without the express written consent of the Town
Council for the Town of Avon. Any written assignment shall expressly refer to this Agreement, specify
the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be
effective unless approved by resolution or motion of the Town Council for the Town of Avon. No
assignment shall release the Applicant from performance of any duty, obligation, or responsibility unless
such release is clearly expressed in such written document of assignment.
19. Severability: Invalidation of any of the provisions of this Agreement or any paragraph sentence,
clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the
validity of any other provision of this Agreement.
Job #
Client (initial) Page 5 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@rntrip.orq
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
1
EXECUTED as of February 14, 2012.
CLIENT: MTRIP:
TOWN OF AVON MOUNTAIN TRAVEL RESEARCH
PROGRAM, LLC,
M.
23
Eric JjjBiT, Town Attorney
--Q* O-k&�-N 4--/-,
Name: Ralf Garrison
Title: Director
Attachment: Billing Information
Attachment A: Products and Services - Included Attachment Billing Information
Job #
Client (initial) Page 6 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info(g)rntrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
TRI`P'z
ATTACHMENT: BILLING INFORMATION
Invoices are to be sent to the attention of :
Billing Information: Send Invoice by: Email /PDF
Contact Email Address: Phone
Client Name:
Email Address:
Mailing Address:
(PO Box or Street Address)
City:
Country:
Zip /Postal Code:
State /Province:
Postal Mail
Job #
Client (initial) Page 7 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 infoPmtrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrio.org
ATTACHMENT A - MTRIP PRODUCTS AND SERVICES
This serves as an Attachment to the related Contract for Services and further describes products and
Services (indicated with a Y in the box to its left) that are being provided with this Agreement. The prices,
terms and conditions described below are based on: a total number of up to 11_ Subscribers, including up
to 2 for Client/Client Representatives (for Town staff), and up to 9 for data submitting Client - Properties (Client
Properties to be provided additional logins for their authorized data submitters by separate agreement in their
respective Property Profiles).
1. MARKET INTELLIGENCE PRODUCTS: Designed to deliver " what you need to know about the mountain
travel marketplace, components include, broad economic data, Travel /Tourism news, a Library of destination
travel data, and expert interpretation by way of monthly Market Briefing and occasional webinars, available
individually or bundled in a package, as further described below. MTRiP offers a broad travel /tourism market
program based on "what you ought to know ", that starts with a foundation market data set, collected by
MTRIP analysts and posted regularly on the MTRiP web portal.
® 1.1 Econometrics: A family of national and local economic and travel indicators as well as
comparative sales /lodging tax and airport enplanement data, collected and updated monthly from
publically available sources and presented via a summary dashboard from MTRiP's secure web
portal. Updated monthly as data becomes available.
Price: $
FN I e 1.2 Mountain Travel Briefing A monthly narrative summary of MTRIP Travel News Talker,
Econometrics and MTRiP "industry- wide" metrics, provided in narrative summary format, with expert
interpretation and supporting economic indicator dashboard graphic.
Price: $ .
FTI ® 1.3 Mountain Market Intelligence Pack: Create a full package of market intelligence with the
Pack, which adds the following:
• Travel News Talker: A synopsis of current economic and mountain travel news, edited for
the destination mountain travel industry marketing and management from publicly available
sources, updated regularly and posted on MTRiP's secure web portal.
• Library: MTRIP collects articles, reports and other market intelligence along with copies of
various MTRIP presentations, in the MTRIP Subscriber Library.
• Market Update Deep Dive Webinars: Provided occasionally to strategic assessment and
interpretation of market conditions and trends. For Subscribers Only.
• Note: Components of the Pack are provided at no additional cost, but are expected to evolve
to meet market and subscriber needs and are subject to change or discontinuation without
further notice.
Price: $1,950
Note: Distribution Rights: The Mountain Market Intelligence Pack is only available to individual
Subscribers up to the number of subscribers listed above.
2. RESERVATION ACTIVITY OUTLOOK REPORT SET: Client - Property data is collected at a
monthly level of granularity and aggregated to create a destination -wide monthly report set of paid
lodging reservation activity and related revenue, the results of which are posted on MTRiP's secure
Job #
Client (initial) Page 8 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 infoCa)mtrip.orq
Denver, CO 80209 F. 303.745.7380 www.mtrip.orq
t
TRmIP
web portal on a monthly basis. Several report configurations are available.
• 2.1 Reservation Activity Outlook (RAO) Report. The number of available units, room nights and
related revenue are collected, from which Occupancy average daily rate (ADR), and revenue per
available room night (RevPAR) are calculated. Results are then aggregated in a report format that
provides graphic summaries, charts and supporting tables of business on the books for the forward
looking 6 months and total business for the trailing 6 months. Current year data is overlaid against
previous year -to -date and previous seasons -end data, when sufficient data exists. Three views of
the resulting data are provided in chart form with supporting tables, including 6 month forward -
looking view, fixed winter view (Nov. — Apr.), and fixed summer view (May — Oct.). Additionally,
pacing of current year vs. previous year reservation activity is provided in chart and detailed table
view. From this information, destinations can track their performance against their previous history
and properties can see how the aggregate of others properties in their destination are performing.
Distribution rights include all Subscribers.. Annual Price: $6,750 per year.
Note: Additional Client - Property data submission licensing is available in increments for an
additional fee.
Y RAO Startup — One Time: For first time Clients a one -time startup fee will be charged to cover
time /costs related to the determination and creation of appropriate data collection methodology, and
varies by the number of Client- Properties and their automation. Due to the volume of data, MTRiP
works with participating properties to determine the best method for data collection, during the
startup phase, then incorporates the same in the ongoing reporting process. Startup Price: $1,500
(One time only) Plus $275 for MDC, (Item 2.2 below)
• 2.2 Multi- Destination Comparative Report (MDC): A destination -wide view of paid occupancies is
created from data provided as part of the RAO (2.1) report, the result of which is displayed against
all other individual participating MTRiP destinations (which are kept anonymous) in bar chart format,
in both current year occupancy and year- over -year comparative change. A third report shows
Average Daily Rate in similar format and also includes the trailing months and forward — looking 6
months. Distribution rights include all Subscribers. Annual Price: $2,350 subject to participation
in the RAO (2.1) above, and under the same terms and conditions.
F_N • 2.3 Custom Multi- Destination Comparison — Comp Set: A similar iteration to the MDC described
below up allows the Client to select 4 other destinations (which are kept anonymous) to compare
their own destination level data to instead of the full MTRiP "universe" of destinations. Price:
$ for 12 monthly reports. Note: Participation in standard MDC (2.2) is required.
Distribution Rights: The Multi- Destination Comparative Report is only available to individual
Subscribers.
• 2.4 Multi- Destination Comparison - Enhanced: A similar iteration in the same format of the above
described MDC, but including identification of individual participating destinations' . This report is
customizable and allows for the Client to select among up to 5 other participating destinations (list
available upon request) or related comparative destination types, the results of which provides a
much broader and deeper comparison. Note: This report, in its second year, is growing based on
Client input. ( Note: Individual destination participation is currently being solicited and will be
solidified for production for the 2011/2012 season and launch by Oct. 1, 2010. Annual Price:
based on a fixed fee of $ , plus $ or each destination that is disclosed
Job #
Client (initial) Page 9 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrip.org
Denver, CO 80209 F. 303.745.7380 www.nntrip.orcl
III
TR'I'P
(maximum of 5). Note1: Participation in standard MDC (2.2) is required. Note2: Participating Client
destination data use is included as part of the terms of this Agreement.
FYI • 2.5 Reservation Activity Outlook: Destination Executive Summary: One page synopsis of the
monthly RAO reporting detail provided in executive summary format with graphic illustration and
narrative explanation. This report is intended for broader distribution to community stakeholders,
tourism dependant businesses and (optionally at the discretion of the Client) the general public and
includes related distribution rights. Annual Price: $2,775
Startup — One Time: MTRiP works with the Client to choose from the menu of available data in
order to personalize the appropriate data for distribution for their intended audience. Startup Price:
750 (One time only)
Distribution Rights: The Destination Executive Summary includes unlimited distribution rights (i.e.
general public and press) at the discretion of the Client.
3. DAILY OCCUPANCY REPORT SET
This report set is best suited to monitor overall resort occupancy of all guests (paid and unpaid), based
on an aggregation of the advanced reservation data (at a daily level of granularity), from all reporting
Client - Properties on (at least) a monthly basis, and more frequently upon agreement.
• 3.1 Daily Occupancy Report (DOR): The standard DOR reports shows the result at a daily level of
granularity, in line chart format and includes previous year -to -date and previous year actual data
when sufficient data exists, then depicts percentage change of current year to previous year
occupancy, and net pacing change since the previous report, and is presented in line chart format
and includes 4 views of the resulting data, including i) a 12 month view including 6 months forward
looking and trailing 6 months. ii) fixed winter season: November — April, iii) a fixed - season view of
the summer season, May — October, iv) a short -view of the upcoming 45 days of occupancy in bar
chart format. Annual Price: $ per year.
F DOR Start up — One Time: For first time Clients a one -time startup fee will be charged to cover
time /costs related to the determination and creation of appropriate data collection methodology, and
varies by the number of Client- Properties and their automation. Due to the volume of data, MTRiP
works with participating properties to determine the best method for data collection, during the
startup phase, then incorporates the same in the ongoing reporting process. Startup Price:
$ (One time only)
Distribution Rights: The Daily Occupancy Report, in its entirety, is only available to Subscribers.
7N • 3.2 Report for Retailers (45 day short -view) Distribution: This report depicts occupancy for the
forward looking 45 days in bar chart format and displays occupancy for the current year and the
previous year. While access to this report is included in the DOR (page 5) this option allows for
further distribution than the DOR allows. The Report for Retails will be provided in a separate PDF
and allow for limited distribution to retail community and /or Client constituents. Annual Price:
FN ® 3.3 DOR Comparative Overlay. Daily Occupancy Reports from all MTRIP participating MTRIP
destinations are aggregated together to create an "industry- wide" report, in similar format /views as
the Daily Occupancy Report (3.1). Then several additional reports are included that overlay an
Job #
Client (initial) Pagel 0 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 infoOrntrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
T rn 11'P
individual destination data against the MTRiP participant aggregate, and including an additional
report showing year- over -year percentage change between the subject resort and the MTRiP
participant set. Annual Price: $ per year. Note: Participation in the DOR report (3.1) is
required. Distribution Rights: The DOR Comparative Overlay is only available to individual
Subscribers.
4. SPECIAL REPORTS
57 • 4.1 School Break Calendar: Includes the dates of major school break periods of 270 public
school districts and four -year colleges and universities across the country. Data is provided in a
tabular view with a listing of each college, university and school district with location school
(state) and student population. A graphic representation is also included that depicts public
school districts and college /universities separately. Report will be provided in PDF format and is
available by June 1 St for the upcoming school year. Price: for 2010/2011 school year.
Distribution Rights: The School Break Calendar distribution is limited to staff within the Client
organization.
• 4.2 School Break Calendar — Top 20 Markets: Subset of the above with up to 20 Destination
Marketing Areas selected by Client. The report is presented in same manner as described
above. Report will be provided in PDF format and is available by June 1St for the upcoming
school year. Price: $ for 2012/2013 school year. Distribution Rights: Distribution is
limited to staff within the Client organization, Client- Properties and 3 area ski resorts.
Job #
Client (initial) Page 11 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 infoOrntrip.orq
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
TR NIP
5. OPTIONAL A LA CARTE PRODUCTS AND SERVICES: The value of market and research
data is increased as data moves to information, then knowledge, then strategies that produce
results. MTRIP analysts can help with interpreting and applying the data.
7 • 5.1 Personal Presentations: MTRiP analysts offer presentations of MTRIP data, along with related
industry overview and expert interpretation. Optional in- person or virtual presentations available. In-
person presentations are inclusive of travel expenses and travel time. Price: In- Person
Presentation: $ /presentation (plus related travel expenses) /Virtual Presentation:
$ /presentation. Number of presentations: In- person, Virtual. Total Price:
F• 5.2 Comparative Analysis and Assessment: With data provided by Client at a property level,
MTRiP will conduct two seasonal comparisons of reservation activity data, comparing Client
occupancy data against MTRIP RAO data. Targets will be but will be made available
at Client's request. Results will be a tabular comparison of MTRIP data against Client - provided data
and indications of percent change of current vs. previous year -to -date data. Note: Because most /all
reporting metrics differ as do the report objectives, no specific correlation is inferred'; an
understanding of the differences and their relationships is the expected outcome by MTRiP. Price:
$ per year
FN]e 5.3 Other Expert Interpretation and Application: MTRiP is committed to assisting clients as they
see fit and is conditionally available on a time and materials basis, subject to pre- existing
commitments. Prices are based on standard hourly rates or bid upon request.
Add: Additional Startup Administration and Consulting; One Time $1,500
TOTAL PACKAGE PRICE (1 Year Agreement):
*Additional savings available for multi -year agreements
$ 17,850 /year.
All MTRiP Subscribers (including specifically Clients, Client- Properties) acknowledge and agree that
all information, reports and related data posted within the MTRIP web portal and provided by MTRIP
is CONFIDENTIAL INFORMATION, to which access is restricted to Subscribers in good standing by
way of confidential and proprietary log in and who understand and agree that reproduction,
distribution or sharing of this CONFIDENTIAL INFORMATION is STRICTLY PROHIBITED and
enforceable by law, , excepting only when specific written agreement provides otherwise.
Job #
Client (initial) Page 12 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info(@mtrip.org
Denver, CO 80209 F. 303.745.7380 www.mtril).org
1L�•�
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Kelly Huitt, Budget Analyst
Date: February 7, 2012
Re: MTRiP Revised Contract
E
An unsigned MTRiP Destination Client Agreement was presented at the last Town Council
meeting. The contract had been revised by the Town Attorney, but not approved by MTRiP.
Staff has worked with MTRiP, Council Member Goulding, and the Town Attorney to create a
contract agreed upon by both parties. Further steps have also been taken to acquire
participation agreements from the lodges prior to Council approval of the contract.
At the January 24th meeting the Council requested that more information be gathered about
how the Town can ensure lodging participation in the program.
:r r471TTT . �.
The attached revised contract has been approved by both the Town Attorney and MTRiP.
MTRiP agreed to all of the Town Attorney's revisions including point #3 under Terms and
Conditions which details that the agreement may be terminated by either party upon 30 days
written notice to the other party without cause. In order for MTRiP to agree to the condition
of termination they required an adjustment to the payment schedule and total fee. Startup fees
have been increased by $1,500, which increases the Town's total financial obligation to
$17,850. The payment schedule has been adjusted to include an initial payment of $5,000
plus 25% of the balance ($3,212.50) for a total of $8,212.50 due upon execution of this
agreement or start of service, whichever is sooner. The remainder of the balance is to be paid
in equal quarterly installments of $3,212.50.
Page 1
MTRiP has held an initial orientation and distributed property profiles to the following
lodges /lodging companies: Christie Lodge, Starwood Hotels and Resorts (includes Sheraton
and Westin Mountain Villas), Beaver Creek West, Falcon Pointe, Comfort Inn, and East West
Resorts (Westin Riverfront hotel property). As previously discussed, the Westin Riverfront
Resort already contributes their data as a part of the Beaver Creek data point, so their
participation is assured. Vail Beaver Creek Resort Properties Inc. contributes data to other
data points in the Valley and has expressed interest in contributing to Avon as well. MTRiP
requires at least four property participants in order to maintain confidentiality of each
property's data in the distributed reports.
Attached are the Property Profile and the Startup Checklist and Letter. The Property Profile is
an agreement/pledge outlining the responsibilities of each lodging participant and includes a
signature from an authorized representative. There is no monetary assessment assigned to this
agreement. The Startup Checklist and Letter outline deadlines for reporting as well as
coordination of the startup and ongoing administration of the MTRiP services. MTRiP staff
has expressed that while it isn't unprecedented, it is not routine for Clients (Town of Avon) to
require financial participation from the Client Properties (lodges) and that this condition may
act as a disincentive for participation. There are several possibilities for action the Town could
take regarding financial obligation from the participating lodges:
® Require lodges to make no monetary contribution and expect that the information
gained from contributing will be incentive enough to encourage and retain
participation.
® Require lodges to make a monetary pledge that upon failure to meet their stated
responsibilities they would make a financial contribution to the Town.
® Require lodges to make a monetary contribution reimbursable only after exhibiting
continued consistent participation.
® Require lodges to make a non - refundable financial contribution.
Because some of the properties presently participate as a part of other data points, it may be
difficult to impose a mandatory contribution from them. It will be solely the responsibility of
the Town to enforce and collect any required fee.
.,; .,
The Town's financial obligation for this agreement totals $17,850 including the initial
$8,212.50 due at startup. Currently, $10,000 has been appropriated in Economic
Development for MTRiP expenses and $8,580 in General Fund revenues for lodging
contributions in the 2012 adopted budget.
Page 2
I," M,71flfm
Because only $10,000 is appropriated for MTRiP expenses in the 2012 budget, staff
recommends that the remaining $7,850 be transferred from Economic Development
Contingency funds. It may also be necessary to revise the related revenue depending on
Council's final decision regarding the lodges' required financial contribution.
Attachments:
A - MTRiP Destination Client Agreement
B - Attachment A — MTRiP Products and Services
C - Property Profile
D — Destination Hub Startup Checklist and Letter
0 Page 3
�Lc
MTRiP Destination — Client Agreement
This describes an Agreement between the Mountain Travel Research Program, LLC (MTRiP) and
Town of Avon (Client or Town) and its member participating properties (Client - Properties), together
Subscribers.
The Client's execution date of this Agreement becomes the effective date and provides for the start
of service on January 1, 2012 resulting in the first monthly for data as of January 31, 2012 and will
continue on for 12 months (12 report cycles), ending with a report based on data as of the end of
December, 2012 and delivered in the month thereafter, unless otherwise modified or terminated in
accordance with the provisions of this Agreement.
MTRiP Services and Responsibilities: MTRiP will:
1. Produce and deliver those products, services, reports and related work product (together
Services) as are further described in "Attachment A — Included Products and Services ".
2. Provide systems and procedures to be used in the collection, aggregation and subsequent
reporting of the related Services and assist Client in their recruitment, training, startup and ongoing
support of participating Client - Properties and their designated representatives.
3. Distribute results to Clients, Client Representatives and Client - Property designated
representatives (collectively Subscribers) by way of a secure web portal to which authorized
representatives of Individual Subscribers will be provided secure access via individual subscriber
logons, the quantity and type of which are described in Attachment A.
Client Responsibilities: Client will:
1. Pay MTRiP a total of $17,850 as established in Attachment A, payable as follows:
o Initial payment of $5,000 plus 25% of the balance ($3,212.50) is due upon execution of
this Agreement or start of service, whichever is sooner. Total Initial Payment = $8,212,50.
o The balance will be paid in equal quarterly payments of $ 3,212.50 by the first day of
each calendar year quarter (4/1/12, 7/1/12 and 10/1/12) through the conclusion of the
Agreement. Fees are exclusive of any /all applicable taxes, business licenses, or other
fees, that are or may be required.
o Any /all additional work requested by Client and not already included in this Agreement,
will be performed, subject to pre- existing commitments, and at standard rates, terms and
conditions. Note: written confirmation by way or two -way email, strongly advised at a
minimum, to avoid misunderstanding.
2. Assign a Designated Representative in the person of Chris Romer of the Vail Valley Partnership
(Client Representative) to serve as primary contact for contract administration and Client's
performance of the responsibilities described herein.
3. Maintain responsibility for the assignment of Individual Subscriptions to all Subscribers, all
consistent with and not to exceed the total number of Individual Subscriptions authorized.
Job #
Client (initial) Page 1 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
PLILCmom
4. Recruit Client- Properties and assist in their training and startup, then oversee ongoing Client -
Property data submission (in accordance with MTRiP procedures).
5. Actively promote Client- Property participation and adherence to MTRiP's data submission
protocols toward the common objective of data set integrity and participation by other comparative
destinations, all mindful that MTRiP is a co- operative industry program, whose value increases with
broader participation.
Confidentiality and Distribution:
1. All data provided by Client- Properties will be treated as Confidential Information, not to be
published or distributed unless /until aggregated with other similar data and undistinguishable as a
result, where upon MTRiP may use /distribute the resulting data as it chooses and at its sole
discretion, including without limitation, multi - property competitive views, destination comparative
reports, and any other custom segment reports, provided only that resulting data is limited to MTRiP
Subscribers and not otherwise made public.
2. All MTRiP Subscribers acknowledge and agree that all information, reports and related data
posted within the MTRiP web portal and provided by MTRiP is CONFIDENTIAL INFORMATION, to
which access is restricted to Subscribers in good standing by way of confidential and proprietary log
in and who understand and agree that reproduction, distribution or sharing of this CONFIDENTIAL
INFORMATION is STRICTLY PROHIBITED and enforceable by law excepting only when specific
written agreement provides otherwise.
Terms and Conditions:
1. Billing Procedures:
A. Fees related to this Agreement are due and payable as described in the Client
Responsibilities section of this Agreement and become delinquent if not received within 30
days of invoice date. Delinquent payments are subject to interest charges at 1.5% per month
until received
B. Expenses will be those reasonable out -of- pocket costs incurred by MTRiP and /or its agents,
during the performance of this Agreement and are billed monthly as incurred. i) Travel costs
include meal reimbursement, lodging, air, rent car, and personal car use from MTRiP's
corporate offices or that of the designated contractor. ii) Other office costs, including phone,
air freight, and Internet and /or web conference fees are treated as part of MTRiP's standard
costs of business and will not be treated as expenses, excepting by prior written agreement.
iii) Travel Time will be charged at MTRiP's standard rates and treated as travel related
expenses, unless otherwise agreed upon.
2. Modification: This Agreement may not be modified or extended excepting by mutual agreement.
3. Termination: This Agreement may be terminated by either Client or MTRiP upon thirty (30) days
written notice to the other party.
4. Independent Contractor: MTRiP and the Client shall be considered independent contractors.
Neither MTRiP nor the Client is an employee, agent, joint venturer or partner of the other entity. Nothing
shall be interpreted as creating an employment relationship between or among MTRiP and the Client.
MTRiP shall have control of the manner and means by which its services are provided to the Client
subject to the terms and provisions of this Agreement.
Job #
Client (initial) Page 2 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@rntrip.ora
Denver, CO 80209 F. 303.745.7380 www.mtrii).org
y-
MEW
5. Governinq Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement
shall be in the appropriate court for the City and County of Denver, Colorado. To reduce the cost of
dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties
hereby waive any and all right either may have to request a jury trial in any civil action relating
primarily to the enforcement of this Agreement. The Parties agree that the rule that ambiguities in a
contract are to be construed against the drafting party shall not apply to the interpretation of this
Agreement. If there is any conflict between the language of this Agreement and any exhibit or
attachment, the language of this Agreement shall govern.
6. Dispute Resolution: Any disputes arising out of this Agreement shall be subject to arbitration. As a
pre- condition to the filing of any such arbitration, all claims, disputes, and other matters in question
between the parties to this Agreement arising out of or relating to this Agreement concerning a
breach thereof, shall first be submitted to non - binding mediation prior to initiation of any arbitration
unless the parties mutually agree otherwise. The cost of said mediation shall be split equally
between the parties. This Agreement to mediate shall be specifically enforceable under the
prevailing laws of the State of Colorado. The parties agree that any disputes concerning the terms
and conditions of this Agreement that cannot be resolved after consultation and discussion between
the parties or by mediation shall be submitted to binding arbitration through either the American
Arbitration Association or the Judicial Arbiter Group in accordance with commercial arbitration rules and
the Colorado Arbitration Act, with the tribunal being selected by the party filing the demand for
Arbitration.. Any such arbitration shall be conducted at Denver, Colorado. The parties shall select one
mutually agreeable arbitrator from the candidates available through the arbitration tribunal. The
arbitrator shall have the power to grant interim and injunctive relief, provided that any party may
apply to any court of competent jurisdiction to enjoin a breach of confidential information
obligation(s). Judgment upon the award rendered by the arbitrator may be entered into any court
having jurisdiction. In connection with any dispute, the prevailing party shall be awarded and shall
recover from the other non - prevailing party all costs and expenses, including reasonable attorney's
fees, as may be incurred.
7. General Provisions: This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective personal representatives, successors and assigns. This Agreement and
Attachments hereto embodies the entire understanding and agreement between the parties concerning
the subject matter hereof and supersedes any and all prior negotiations, understandings or agreements
concerning the subject matter hereof.
8. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit,
or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act,
Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
9. Affirmative Action: MTRiP will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. MTRiP will take affirmative action to ensure
applicants are employed, and employees are treated during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
Job #
Client (initial) Page 3 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.orq
P LLC
10. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town is subject to
Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this
Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment
obligations of the Town are expressly dependent and conditioned upon the continuing availability of
funds beyond the term of the Town's current fiscal period ending upon the next succeeding December
31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate
such funds, this Agreement shall be terminated.
11. Employment of or Contracts with Illegal Aliens: MTRiP shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement. MTRiP shall not contract with a subcontractor
that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens.
By entering into this Agreement, MTRiP certifies as of the date of this Agreement it does not knowingly
employ or contract with an illegal alien who will perform work under the public contract for services and
that the contractor will participate in the e- verify program or department program in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work under the
public contract for services. MTRiP is prohibited from using either the e- verify program or the
department program procedures to undertake pre - employment screening of job applicants while this
Agreement is being performed. If MTRiP obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, MTRiP shall be
required to notify the subcontractor and the Town within three (3) days that MTRiP has actual
knowledge that a subcontractor is employing or contracting with an illegal alien. MTRiP shall terminate
the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within
three (3) days of receiving the notice regarding MTRiP's actual knowledge. MTRiP shall not terminate
the subcontract if, during such three days, the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. MTRiP is required to
comply with any reasonable request made by the Department of Labor and Employment made in the
course of an investigation undertaken to determine compliance with this provision and applicable state
law. If MTRiP violates this provision, the Town may terminate this Agreement, and MTRiP may be
liable for actual and /or consequential damages incurred by the Town, notwithstanding any limitation on
such damages provided by such Agreement.
12. Ownership of Documents: The reports /services produced by MTRiP (per Attachment A) pursuant
to this Agreement shall become property of the Town of Avon upon delivery and shall not be made
subject to any copyright unless authorized by the Town. Other materials, methodology and proprietary
work used or provided by MTRiP to the Town not specifically created and delivered pursuant to the
Services outlined in this Agreement may be protected by a copyright held by MTRiP and MTRiP
reserves all rights granted to it by any copyright. The Town shall not reproduce, sell, or otherwise make
copies of any copyrighted material, subject to the following exceptions: (1) for exclusive use internally
by Town staff and /or employees; or (2) pursuant to a request under the Colorado Open Records Act, §
24 -72 -203, C.R.S., to the extent that such statute applies; or (3) pursuant to law, regulation, or court
order. MTRiP waives any right to prevent its name from being used in connection with the Services.
Town shall not provide, release or disclose Confidential Information as defined under Confidentiality
and Distribution above unless ordered to do so by a court with jurisdiction. Upon receiving any
request under the Open Records Act or the Open Meetings Law for access or disclosure of public
records or confidential information, Town shall furnish to MTRiP prompt written notice of such request
no later than two business days after the date of receiving the request along with a copy of the records
Job #
Client (initial) Page 4 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrip.ora
Denver, CO 80209 F. 303.745.7380 www.mtrip.orq
or information request. Prior to allowing access to or disclosure of any Confidential Information
pursuant to a request under the Open Records Act or the Open Meetings Law, Town shall: (a) consult
with MTRiPS regarding whether an exemption from access or disclosure is available under the Open
Records Act or the Open Meetings Law, as applicable but any such consultation shall not be construed
to create an attorney - client or other relationship among Town or any of its attorneys, employees or
agents and any MTRiPS attorneys, employees or agents and (b) give MTRiPS a reasonable
opportunity, but not less than two (2) business days after receipt by the MTRiPS of the above -
referenced notice from Town of a request, to assert any claimed exception or exemption from access or
disclosure under the Open Records Act or the Open Meetings Law, as applicable, and cooperate with
the Providing Parties in their assertion of any such claimed exception or exemption.
13. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by
either Party. The Town's approval or acceptance of, or payment for, services shall not be construed to
operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term
of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town
Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of
the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other
right or to be a continuing waiver unless specifically stated.
14. Binding_ Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the
successors, heirs, legal representatives, and assigns.
15. Limitation of Damages: The Parties agree that MTRiP's remedies for any claims asserted against
the Town shall be limited to proven direct damages in an amount to exceed amounts due under the
Agreement and that Town shall not be liable for indirect, incidental, special or consequential damages,
including but not limited to lost profits
16. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including
any agent, sub - consultant or sub - contractor of MTRiP. Absolutely no third party beneficiaries are
intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental
and unintended beneficiary only.
17. Survival of Terms and Conditions: The Parties understand and agree that all terms and conditions
of the Agreement that require continued performance, compliance, or effect beyond the termination
date of the Agreement shall survive such termination date and shall be enforceable in the event of a
failure to perform or comply.
18. Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or benefits set
forth in this Agreement shall not be assigned by MTRiP without the express written consent of the Town
Council for the Town of Avon. Any written assignment shall expressly refer to this Agreement, specify
the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be
effective unless approved by resolution or motion of the Town Council for the Town of Avon. No
assignment shall release the Applicant from performance of any duty, obligation, or responsibility unless
such release is clearly expressed in such written document of assignment.
19. Severability: Invalidation of any of the provisions of this Agreement or any paragraph sentence,
clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the
validity of any other provision of this Agreement.
Job #
Client (initial) Page 5 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrip.org
Denver, CO 80209 F. 303.745.7380 www nntrip.org
uc
EXECUTED as of February 14, 2012.
CLIENT: MTRiP:
TOWN OF AVON MOUNTAIN TRAVEL RESEARCH
PROGRAM, LLC,
By: By:
Rich Carroll, Mayor Name: Ralf Garrison
Title: Director
Attest:
Patty McKenny, Town Clerk
Approved as to Form:
Eric J. Heil, Town Attorney
Attachment: Billing Information
Attachment A: Products and Services - Included Attachment Billing Information
Job #
Client (initial) Page 6 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@rntrip.org
Denver, CO 80209 F. 303.745.7380 wrww.mtrip.org
TPiLLC
s
Invoices are to be sent to the attention of :
Billing Information: Send Invoice by: Email /PDF
Contact Email Address: Phone
Client Name:
Email Address:
Mailing Address:
(PO Box or Street Address)
City: State /Province:
Country:
Zip /Postal Code:
Postal Mail
Job #
Client (initial) Page 7 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 infoCcr7mtrip.ora
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
This serves as an Attachment to the related Contract for Services and further describes products and
Services (indicated with a Y in the box to its left) that are being provided with this Agreement. The prices,
terms and conditions described below are based on: a total number of up to 11_ Subscribers, including up
to 2 for Client/Client Representatives (for Town staff), and up to 9 for data submitting Client - Properties (Client
Properties to be provided additional logins for their authorized data submitters by separate agreement in their
respective Property Profiles).
1. MARKET INTELLIGENCE PRODUCTS: Designed to deliver " what you need to know about the mountain
travel marketplace, components include, broad economic data, Travel /Tourism news, a Library of destination
travel data, and expert interpretation by way of monthly Market Briefing and occasional webinars, available
individually or bundled in a package, as further described below. MTRIP offers a broad travel /tourism market
program based on "what you ought to know ", that starts with a foundation market data set, collected by
MTRiP analysts and posted regularly on the MTRiP web portal.
F1.1 Econometrics: A family of national and local economic and travel indicators as well as
comparative sales /lodging tax and airport enplanement data, collected and updated monthly from
publically available sources and presented via a summary dashboard from MTRiP's secure web
portal. Updated monthly as data becomes available.
Price: $
® 1.2 Mountain Travel Briefing A monthly narrative summary of MTRIP Travel News Talker,
Econometrics and MTRiP "industry- wide" metrics, provided in narrative summary format, with expert
T interpretation and supporting economic indicator dashboard graphic.
Price: $ .
0
® 1.3 Mountain Market Intelligence Pack: Create a full package of market intelligence with the
Pack, which adds the following:
• Travel News Talker: A synopsis of current economic and mountain travel news, edited for
the destination mountain travel industry marketing and management from publicly available
sources, updated regularly and posted on MTRiP's secure web portal.
• Library: MTRiP collects articles, reports and other market intelligence along with copies of
various MTRIP presentations, in the MTRIP Subscriber Library.
• Market Update Deep Dive Webinars: Provided occasionally to strategic assessment and
interpretation of market conditions and trends. For Subscribers Only.
• Note: Components of the Pack are provided at no additional cost, but are expected to evolve
to meet market and subscriber needs and are subject to change or discontinuation without
further notice.
Price: $1,950
Note: Distribution Rights: The Mountain Market Intelligence Pack is only available to individual
Subscribers up to the number of subscribers listed above.
2. RESERVATION ACTIVITY OUTLOOK REPORT SET: Client - Property data is collected at a
monthly level of granularity and aggregated to create a destination -wide monthly report set of paid
lodging reservation activity and related revenue, the results of which are posted on MTRiP's secure
Job #
Client (initial) Page 8 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
LLC
web portal on a monthly basis. Several report configurations are available.
2.1 Reservation Activity Outlook (RAO) Report. The number of available units, room nights and
related revenue are collected, from which Occupancy average daily rate (ADR), and revenue per
available room night (RevPAR) are calculated. Results are then aggregated in a report format that
provides graphic summaries, charts and supporting tables of business on the books for the forward
looking 6 months and total business for the trailing 6 months. Current year data is overlaid against
previous year -to -date and previous seasons -end data, when sufficient data exists. Three views of
the resulting data are provided in chart form with supporting tables, including 6 month forward -
looking view, fixed winter view (Nov. — Apr.), and fixed summer view (May — Oct.). Additionally,
pacing of current year vs. previous year reservation activity is provided in chart and detailed table
view. From this information, destinations can track their performance against their previous history
and properties can see how the aggregate of others properties in their destination are performing.
Distribution rights include all Subscribers.. Annual Price: $6,750 per year.
(Vote: Additional Client- Property data submission licensing is available in increments for an
additional fee.
RAO Startup — One Time: For first time Clients a one -time startup fee will be charged to cover
time /costs related to the determination and creation of appropriate data collection methodology, and
varies by the number of Client - Properties and their automation. Due to the volume of data, MTRiP
works with participating properties to determine the best method for data collection, during the
startup phase, then incorporates the same in the ongoing reporting process. Startup Price: $1,500
(One time only) Plus $275 for MDC, (Item 2.2 below)
FY I a 2.2 Multi- Destination Comparative Report (MDC): A destination -wide view of paid occupancies is
created from data provided as part of the RAO (2.1) report, the result of which is displayed against
all other individual participating MTRiP destinations (which are kept anonymous) in bar chart format,
in both current year occupancy and year- over -year comparative change. A third report shows
Average Daily Rate in similar format and also includes the trailing months and forward — looking 6
months. Distribution rights include all Subscribers. Annual Price: $2,350 subject to participation
in the RAO (2.1) above, and under the same terms and conditions.
F_N ® 2.3 Custom Multi- Destination Comparison — Comp Set: A similar iteration to the MDC described
below up allows the Client to select 4 other destinations (which are kept anonymous) to compare
their own destination level data to instead of the full MTRiP "universe" of destinations. Price:
$ for 12 monthly reports. (Vote: Participation in standard MDC (2.2) is required.
Distribution Rights: The Multi- Destination Comparative Report is only available to individual
Subscribers.
F® 2.4 Multi- Destination Comparison - Enhanced: A similar iteration in the same format of the above
described MDC, but including identification of individual participating destinations' . This report is
customizable and allows for the Client to select among up to 5 other participating destinations (list
available upon request) or related comparative destination types, the results of which provides a
much broader and deeper comparison. Note: This report, in its second year, is growing based on
Client input. ( Note: Individual destination participation is currently being solicited and will be
solidified for production for the 2011/2012 season and launch by Oct. 1, 2010. Annual Price:
based on a fixed fee of $ plus $ or each destination that is disclosed
Job #
Client (initial) Page 9 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrio.org
Denver, CO 80209 F. 303.745.7380 www.mtrip.org
l�
TR
(maximum of 5). Notel : Participation in standard MDC (2.2) is required. Note2: Participating Client
destination data use is included as part of the terms of this Agreement.
Y ® 2.5 Reservation Activity Outlook: Destination Executive Summary: One page synopsis of the
monthly RAO reporting detail provided in executive summary format with graphic illustration and
narrative explanation. This report is intended for broader distribution to community stakeholders,
tourism dependant businesses and (optionally at the discretion of the Client) the general public and
includes related distribution rights. Annual Price: $2,775
Startup — One 'time: MTRiP works with the Client to choose from the menu of available data in
order to personalize the appropriate data for distribution for their intended audience. Startup Price:
750 (One time only)
Distribution Rights: The Destination Executive Summary includes unlimited distribution rights (i.e.
general public and press) at the discretion of the Client.
This report set is best suited to monitor overall resort occupancy of all guests (paid and unpaid), based
on an aggregation of the advanced reservation data (at a daily level of granularity), from all reporting
Client- Properties on (at least) a monthly basis, and more frequently upon agreement.
F ® 3.1 Daily Occupancy Report (DOR): The standard DOR reports shows the result at a daily level of
granularity, in line chart format and includes previous year -to -date and previous year actual data
when sufficient data exists, then depicts percentage change of current year to previous year
occupancy, and net pacing change since the previous report, and is presented in line chart format
and includes 4 views of the resulting data, including i) a 12 month view including 6 months forward
looking and trailing 6 months. ii) fixed winter season: November — April, iii) a fixed - season view of
the summer season, May — October, iv) a short -view of the upcoming 45 days of occupancy in bar
chart format. Annual Price: $ per year.
57 DOR Start up — One Time: For first time Clients a one -time startup fee will be charged to cover
time /costs related to the determination and creation of appropriate data collection methodology, and
varies by the number of Client- Properties and their automation. Due to the volume of data, MTRiP
works with participating properties to determine the best method for data collection, during the
startup phase, then incorporates the same in the ongoing reporting process. Startup Price:
$ (One time only)
Distribution Rights: The Daily Occupancy Report, in its entirety, is only available to Subscribers.
7N ® 3.2 Report for Retailers (45 day short -view) Distribution: This report depicts occupancy for the
forward looking 45 days in bar chart format and displays occupancy for the current year and the
previous year. While access to this report is included in the DOR (page 5) this option allows for
further distribution than the DOR allows. The Report for Retails will be provided in a separate PDF
and allow for limited distribution to retail community and /or Client constituents. Annual Price:
F® 3.3 DOR Comparative Overlay. Daily Occupancy Reports from all MTRIP participating MTRiP
destinations are aggregated together to create an "industry- wide" report, in similar format /views as
the Daily Occupancy Report (3.1). Then several additional reports are included that overlay an
Job #
Client (initial) Page 10 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 infoCc@mtrip.org
Denver, CO 80209 F. 303.745.7380 www.mtrig.orq
ME
individual destination data against the MTRiP participant aggregate, and including an additional
report showing year- over -year percentage change between the subject resort and the MTRiP
participant set. Annual Price: $ per year. Note: Participation in the DOR report (3.1) is
required. Distribution Rights: The DOR Comparative Overlay is only available to individual
Subscribers.
4. SPECIAL REPORTS
® 4.1 School Break Calendar: Includes the dates of major school break periods of 270 public
school districts and four -year colleges and universities across the country. Data is provided in a
tabular view with a listing of each college, university and school district with location school
(state) and student population. A graphic representation is also included that depicts public
school districts and college /universities separately. Report will be provided in PDF format and is
available by June 1 st for the upcoming school year. Price: for 2010/2011 school year.
Distribution Rights: The School Break Calendar distribution is limited to staff within the Client
organization.
® 4.2 School Break Calendar — Top 20 Markets: Subset of the above with up to 20 Destination
Marketing Areas selected by Client. The report is presented in same manner as described
above. Report will be provided in PDF format and is available by June 1 st for the upcoming
school year. Price: $ for 2012/2013 school year. Distribution Rights: Distribution is
limited to staff within the Client organization, Client- Properties and 3 area ski resorts.
Job #
Client (initial) Page 11 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@rntri .ong
Denver, CO 80209 F. 303.745.7380 www.nntrip.orq
5. OPTIONAL A LA CARTE PRODUCTS AND SERVICES: The value of market and research
data is increased as data moves to information, then knowledge, then strategies that produce
results. MTRIP analysts can help with interpreting and applying the data.
FN] ® 5.1 Personal Presentations: MTRiP analysts offer presentations of MTRIP data, along with related
industry overview and expert interpretation. Optional in- person or virtual presentations available. In-
person presentations are inclusive of travel expenses and travel time. Price: In- Person
Presentation: $ /presentation (plus related travel expenses) /Virtual Presentation:
$ /presentation. Number of presentations: In- person, Virtual. Total Price:
FN-]e 5.2 Comparative Analysis and Assessment: With data provided by Client at a property level,
MTRiP will conduct two seasonal comparisons of reservation activity data, comparing Client
occupancy data against MTRiP RAO data. Targets will be but will be made available
at Client's request. Results will be a tabular comparison of MTRIP data against Client - provided data
and indications of percent change of current vs. previous year -to -date data. Note: Because most /all
reporting metrics differ as do the report objectives, no specific correlation is inferred'; an
understanding of the differences and their relationships is the expected outcome by MTRIP. Price:
$ per year
F N®
5.3 Other Expert Interpretation and Application: MTRIP is committed to assisting clients as they
see fit and is conditionally available on a time and materials basis, subject to pre- existing
commitments. Prices are based on standard hourly rates or bid upon request.
Add: Additional Startup Administration and Consulting; One Time $1,500
TOTAL PACKAGE PRICE (1 Year Agreement):
*Additional savings available for multi -year agreements
$ 17,850 /year.
All MTRiP Subscribers (including specifically Clients, Client - Properties) acknowledge and agree that
all information, reports and related data posted within the MTRIP web portal and provided by MTRIP
is CONFIDENTIAL INFORMATION, to which access is restricted to Subscribers in good standing by
way of confidential and proprietary log in and who understand and agree that reproduction,
distribution or sharing of this CONFIDENTIAL INFORMATION is STRICTLY PROHIBITED and
enforceable by law, , excepting only when specific written agreement provides otherwise.
Job #
Client (initial) Page 12 of 12 MTRIP (initial)
678 S Franklin P. 303.722.7346 info@mtrio.ora
Denver, CO 80209 F. 303.745.7380 www.mtrio.org
ry
Property Profill-
� LLIF Town of •
a1.'�rw .�d" ., y"�'.. ...Y
MOUNTAIN TRAVEL RESEARCH PROGRAM I
Property Name:
Management /Parent Company Name:
Property type:
Hotel / Motel Property Management firm
Bed and Breakfast Timeshare / Fractional Ownership Property
Condo / Condo hotel Other:
Property Management Software System / Version
Number of accommodations units* in property as of Start Date:
*Note: A "unit" is any single hotel /motel room, studio, condominium, or single family house, regardless of the number of bedrooms,
beds, or capacity. For example, a portfolio of 100 condos should be counted as 100 "accommodations units ". Please count only those
units which are in your short -tem rental pool.
PROPERTY REPRESENTATIVES:
1. Kev Admin Contact:
Email address: Phone number:
2. Designated Data Submitter
Email address: Phone number:
Note: Additional authorized participants? Contact MTRiP. Additional fees may apply
PROPERTY CONTACT INFORMATION
Street
PO Box City
State
Zip
Property Phone Fax:
TERMS
As an Authorized representative of this participating property, I understand and agree to the following:
® 1 pledge to support the Town of Avon and their efforts to understand Avon's destination -wide lodging performance
by submitting my property's reservation data to MTRiP for the duration of this program.
a My subscription fees are being waived in exchange for my participation as described herein.
® My data submissions will be timely and compliant with the policies and procedures provided by MTRiP (sent in
conjunction with this agreement).
a Data I submit will be kept strictly confidential, not shared unless /until aggregated with sufficient other data to be
indistinguishable as a result, whereupon MTRiP may further use and distribute it at their discretion.
® 1 will receive summary reports as part of the benefit for my participation and acknowledge these reports are
Confidential Information not to be reproduced or distributed beyond those authorized below.
® 1 will be able to subscribe to other MTRiP research products at significant discounts.
® MTRiP collects and reports data provided by individual subscribers but cannot be held responsible for the accuracy of
the data or any decision made as a result.
Authorized Representative — Signature Authorized Representative — Print name
Please return to Tom Foley, MTRiP, LLC, Fax: 214 - 889 -1825, tfoley @mtrip.org
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To: Prospective Reservation Activity Outlook Report (RAO) participants
From: Tom Foley, Director of Operations, MTRiP
Re: Startup and Data Entry Procedures and Definitions
Date: 2011 -12 Season
This memo provides introductory startup information about MTRiP's Reservation Activity Outlook
Report (RAO).
About MTRiP's Reservation Activity Outlook Report (RAO): The MTRiP -RAO is a combination
reservation activity report, pacing report and community occupancy report that is being used by an
increasing number of destination communities to provide timely and affordable market intelligence. It
includes monthly Occupancy, Average Daily Rate (ADR) and Revenue Per Available Room (RevPAR)
analysis for the past six months and forward looking six months, against both last year -to -date and last
year's end of season performance (when sufficient data is available).
Property Participation Report: Your Resort has taken a lead role in the establishment of this
Reservation Activity Outlook Report and has invited key property participation (Resort- Properties) in the
basic program. As such, the Resort - Property agrees to comply with a standard set of reporting metrics
and schedule that are further described below. All information submitted will be treated as
CONFIDENTIAL INFORMATION, and not disclosed except when aggregated with other data and
indistinguishable as a result.
Additionally as a participant, you will be provided with access to the resulting reports, along with a "no-
additional- cost" subscription to the Key Economic Indicators published regularly from MTRIP's web
portal at ww.mtrip.org.
Participating Property Responsibilities & Reporting Mechanics: As a Resort - Property, you first will
be reporting reservation data using the RAO Data Input Form excel spreadsheet for your initial data
submission, and then in subsequent months through a similar form on our secure portal at
www.mtrip.org. The process occurs on a monthly cycle as described below, and includes your
obligation to report data in a correct and compliant manner.
® On or about the 1 st of each month, MTRiP will contact your Designated Data Input
representative, directing them to www.mtrip.org, where their Login will provide them access to
the appropriate RAO Data Input Form. Each month they will be requested to complete this
portion of the process by the 5th of the month, or the following Monday if the 5th falls on a
weekend /holiday.
® On or about the 5th, a follow up email reminder will be sent to all representatives of each Resort -
Property which has not yet responded. A designated destination - chosen representative will
follow up as appropriate and notify MTRiP, when reports are ready to be run and distributed..
® Once all related data has been submitted, MTRiP will prepare and post the resulting RAO
reports in the Resort folder at www.mtrip.orq and notify all Resort- Property representatives.
While our target for completion of this process is the 10th (or the Monday following a weekend),
actual posting dates vary by the data submission timeliness of participating Client - Properties.
Reporting Metrics Standards and Definitions: MTRiP has established a set of Reporting Metrics
that include standard definitions required for reported data to be consistent across all reporting
properties and destinations. Careful, consistent compliance with these Metrics will ensure that the
resulting reports are accurate and pave the way for "apples vs. apples" comparisons of your property
and /or destination to others.
678 S. Franklin P. (303) 722 -7346 infogmtrip.org
Denver, CO 80209 F. (303) 745 -7380 www.MTRiP.org
• Room: Any distinct accommodations unit, regardless of number of bedrooms. We'll call them
"rooms" since it's more conventional, but read "units" when multi -room units are involved. A hotel
room and a three - bedroom condominium should each be considered to be one accommodation
Room. Units that lock -off should be counted at their maximum practical rentable capacity. (e.g. a
three bedroom suite that can be locked off for Studio Rental is three "Rooms ")
• Room Nights Available: The total number of rooms (read Units) that are available for short term
rental, which should then be multiplied by the number of days in the month to create the Available
Room Nights (sometimes also referred to as "available rooms ") for the month.
• "Available" means any room that is in the inventory to be occupied short term (less than 30
days). Units available in the rental pool for either paid or unpaid use (including rental,
timeshare, fractional, owner, guest -of- owner, and complimentary use) should be included in the
count of available room nights.
• Excluded: Units which are solely managed for owner or long -term renter use should be
excluded. Rooms out of service for more than a month (e.g. remodels) and taken out of
available inventory should be excluded.
• Example: A condominium complex with 100 units of various sizes available for short -term use
in December will have 3100 available rooms in December (100 * 31)
® Room Nights Booked: This is the total number of nights that rooms (Units) are booked (i.e.
reserved) in a given month. One of two categories of room nights is requested, depending on the
report being produced:
o For Reservation Activity Outlook Reports, Use Paid Room Nights Booked: (i.e. the
number of room nights in a month that are revenue generating). Note: These are used in
MTRiP's Reservation Activity Outlook Report (RAO) to calculate lodging productivity, including
RevPAR. Exclude: Unpaid room nights (i.e. room nights that do NOT generate room revenue,
as defined below), including owner, guest -of- owner, complimentary, and other unpaid stays.
Note: For units that lock off, please include each occupied unit as one room night. (For
example, if one party utilizes all 3 BR's in a 31313 lockoff unit, count 3 room nights. Likewise, if 3
parties separately occupy 3 separate components of a 313R unit, also count 3 room nights.
However, if only 1 studio in a 313R lockoff unit is rented, then only 1 room night should be
counted.). This method of counting is sometimes referred to as counting " keys" or " doors ".
o For Daily Occupancy Reports, Use Total Room Nights Booked: Include all occupied room
nights whether Paid or not. Note: These are used in MTRiP's Daily Occupancy Reports to
gauge the total number of visitors in a destination, so any /all units occupied should be included.
® Room Revenue: Room Revenue is defined as total revenue generated from the sale or rental of
units for a given month. This is used to calculate Average Daily Rate (ADR) and Revenue Per
Available Room (RevPAR).
• Only revenue generated from room rental should be included. Unit revenue should be net of
rebates, refunds, overcharges and taxes.
• Excluded from Room Revenue are revenues produced from food /beverage and other sources
including fees received due to cancellations or early departures.
678 S. Franklin P. (303) 722 -7346 info0mtrip.orci
Denver, CO 80209 F. (303) 745 -7380 www.MTRiP.org
TR,
MOUNTAIN E 1 RESEARCH PROGRAM
About Us: MTRiP has been created by and for the destination mountain travel industry as a means of
providing accurate, timely and affordable market intelligence about the destination mountain traveler, their
preferences, intentions and advance reservation behavior. Resulting reports will allow properties and
destinations to forecast the season to come and compare themselves against others.
Other Opportunities: Your destination's MTRiP sponsor will be provided a Destination - Comparative
Overlay of the Client's destination against the results of other participating (Western) destinations.
Additionally, once the basic RAO is working smoothly, MTRiP will offer a Property Comparative Overlay,
showing your property compared against a competitive set of your choosing (optional at additional cost).
Contact Ralf Garrison or visit www.mtrip.org for further information.
Help /Support:
• Customer & Sales Support, Katie Barnes, 970 - 390 -4370, Katiepmtrip.org.
• Director of Operations, Tom Foley, 760 - 880 -1825, tfoleyOmtrip.org, 760.880.1825
• Senior Analyst, David Becher, 303 - 449 -6558 x111, davidOmtrip.org
• MTRiP subscription information: Ralf Garrison, 303 - 722 -7346, rgarrisonOmtrip.org
678 S. Franklin P. (303) 722 -7346 info@mtrip.orq
Denver, CO 80209 F. (303) 745 -7380 www.MTRiP.org